[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Rules and Regulations]
[Pages 54369-54374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23749]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[No. R803CISWI; FRL-7560-2]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Colorado, Montana, North Dakota, South 
Dakota, Utah, Wyoming; Control of Emissions From Existing Commercial 
and Industrial Solid Waste Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves the commercial and industrial solid waste 
incinerator 111(d)/129 plan (the ``plan'') submitted by North Dakota's 
Department of Health on May 1, 2003. The plan was submitted to fulfill 
requirements of the Clean Air Act (CAA). The plan establishes emission 
limits, monitoring, operating, and recordkeeping requirements for 
commercial and industrial solid waste incinerator (CISWI) units for 
which construction commenced on or before November 30, 1999. This 
action also approves negative declarations submitted by Colorado's 
Department of Public Health and Environment on May 6, 2002; Montana's 
Department of Environmental Quality on January 28, 2002; South Dakota's 
Department of Environment and Natural Resources on February 28, 2002; 
Utah's Department of Environmental Quality on April 23, 2002; Wyoming's 
Department of Environmental Quality on December 16, 2002.

DATES: This direct final rule is effective on November 17, 2003, 
without further notice, unless EPA receives adverse written comments by 
October 17, 2003. If EPA receives such comments, it will publish a 
timely withdrawal of the direct final rule in the Federal Register and 
inform the public that the rule will not take effect.

ADDRESSES: Written comments may be submitted by mail to Richard R. 
Long, Director, Air and Radiation Program, Mailcode 8P-AR, 
Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 
300, Denver, Colorado 80202-2466. Comments may also be submitted 
electronically, or through hand delivery/courier. Please follow the 
detailed instructions described in (Part (I)(B)(1)(i) through (iii)) of 
the Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: Kathleen Paser, Air and Radiation 
Program, Mailcode 8P-AR, Environmental Protection Agency (EPA), Region 
8, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, 303-312-
6526, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. What action is being taken by EPA today?
III. Why do we need to regulate CISWI emissions?
IV. What is a State plan?
V. What does the North Dakota State Plan contain?
VI. Is my CISWI subject to these regulations?
VII. What steps do I need to take?
VIII. What is a negative Declaration?
IX. EPA review of Colorado's, Montana's, South Dakota's, Utah's and 
Wyoming's Negative Declarations
X. Statutory and Executive Order Reviews

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under R803CISWI. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing at the Air and Radiation Program, EPA Region 8, 999 18th 
Street, Suite 300, Denver, CO. EPA requests that if at all possible, 
you contact the contact listed in the For Further Information Contact 
section to schedule your inspection. You may view the public rulemaking 
file at the Regional Office Monday through Friday,

[[Page 54370]]

8 a.m. to 4 p.m., excluding federal Holidays.
    2. Copies of the States' submittals are also available for public 
inspection during normal business hours, by appointment at the State 
Air Agency. Copies of the documents relevant to each respective State 
action are available for public inspection at the Colorado Department 
of Public Health and Environment, Air Pollution Control Division, 4300 
Cherry Creek Drive South, Denver, Colorado 80246-1530; Montana 
Department of Environmental Quality, Air and Waste Management Bureau, 
1520 E. 6th Avenue, Helena, Montana 59620; North Dakota State 
Department of Health, Division of Environmental Engineering, 1200 
Missouri Avenue, Bismarck, North Dakota 58506; South Dakota Department 
of Environmental and Natural Resources, Air Quality Program, Joe Foss 
Building, 523 East Capitol, Pierre, South Dakota 57501; Utah Department 
of Environmental Quality, Division of Air Quality, 150 North 1950 West, 
Salt Lake City, Utah 84114; and Wyoming Department of Environmental 
Quality, Air Quality Division, 122 W. 25th Street, Cheyenne, WY 82002.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking No. R803CISWI'' in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail). Please 
send any comments to [email protected] and [email protected] 
and include in the text ``Public comment on proposed rulemaking No. 
R803CISWI'' in the subject line. EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly 
without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identity, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Richard R. Long, Director, Air 
and Radiation Program, Mailcode 8P-AR, Environmental Protection Agency 
(EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Please include the text ``Public comment on proposed rulemaking 
No. R803CISWI'' in the subject line on the first page of your comment
    3. By Hand Delivery or Courier. Deliver your comments to: Richard 
R. Long, Director, Air and Radiation Program, Mailcode 8P-AR, 
Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 
300, Denver, Colorado 80202-2466. Such deliveries are only accepted 
Monday through Friday, 8 a.m. to 4:55 p.m., excluding federal Holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the For Further Information Contact section.

II. What Action Is Being Taken by EPA Today?

    We are approving North Dakota's State Plan, as submitted on May 1, 
2003 for the control of air emissions from CISWIs, except for those 
CISWIs located

[[Page 54371]]

in Indian Country. When we developed our New Source Performance 
Standard (NSPS) for CISWIs, we also developed Emissions Guidelines (EG) 
to control air emissions from older CISWIs as we were required to do by 
Section 129(a) of the CAA (42 U.S.C. Section 7429(a)). (See 65 FR 
75337-75376, December 1, 2000). North Dakota developed a State Plan, as 
required by section 111(d) of the CAA (42 U.S.C. Section 7411(d)), to 
adopt the EG into their body of regulations, and we are acting today to 
approve the state plan as meeting all requirements of section 111(d) 
and 129 of the CAA and EPA regulations governing the adoption and 
approval of state plans for designated facilities (40 CFR part 60, 
subpart B). We are also approving negative declarations submitted by 
Colorado's Department of Public Health and Environment on May 6, 2002; 
Montana's Department of Environmental Quality on January 28, 2002; 
South Dakota's Department of Environment and Natural Resources on 
February 28, 2002; Utah's Department of Environmental Quality on April 
23, 2002; Wyoming's Department of Environmental Quality on December 16, 
2002. The EPA does not require States to develop plans or regulations 
to control emissions from sources for which there are none present in 
the State (40 CFR 62.06).
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in a separate document in this Federal Register 
publication, we are proposing to approve the revision should 
significant, material, and adverse comments be filed. This action is 
effective November 17, 2003, unless by October 17, 2003, adverse or 
critical comments are received. If we receive such comments, this 
action will be withdrawn before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will be addressed in a subsequent final rule based on 
this action serving as a proposed rule. We will not institute a second 
comment period on this action. Any parties interested in commenting on 
this action should do so at this time. If no such comments are 
received, this action is effective November 17, 2003.

III. Why Do We Need To Regulate CISWI Emissions?

    When burned, commercial and industrial solid waste emit various air 
pollutants, including organics (dioxins/furans), carbon monoxide, 
metals (lead, cadmium, and mercury), acid gases (hydrogen chloride, 
sulfur dioxide, and nitrogen oxides) and particulate matter (including 
opacity). Mercury is highly toxic and is of particular concern because 
it persists in the environment and bioaccumulates through the food web. 
Serious developmental and adult effects in humans, primarily damage to 
the nervous system, have been associated with exposures to mercury. 
Harmful effects in wildlife have also been reported; these include 
nervous system damage and behavioral and reproductive deficits. Human 
and wildlife exposure to mercury occur mainly through the ingestion of 
fish. When inhaled, mercury vapor attacks also the lung tissue and is a 
cumulative poison. Short-term exposure to mercury in certain forms can 
cause hallucinations and impair consciousness. Long-term exposure to 
mercury in certain forms can affect the central nervous system and 
cause kidney damage.
    Exposure to particulate matter has been linked with adverse health 
effects, including aggravation of existing respiratory and 
cardiovascular disease and increased risk of premature death. 
Hydrochloric acid is a clear colorless gas. Chronic exposure to 
hydrochloric acid has been reported to cause gastritis, chronic 
bronchitis, dermatitis, and photosensitization. Acute exposure to high 
levels of chlorine in humans may result in chest pain, vomiting, toxic 
pneumonitis, pulmonary edema, and death. At lower levels, chlorine is a 
potent irritant to the eyes, the upper respiratory tract, and lungs.
    Exposure to dioxin and furan can cause skin disorders, cancer, and 
reproductive effects such as endometriosis. These pollutants can also 
affect the immune system.

IV. What Is a State Plan?

    Section 111(d) of the Act requires that pollutants, other than 
criteria pollutants, controlled under the NSPS must also be controlled 
at older sources in the same source category. Once an NSPS is 
promulgated for a non-criteria pollutant, we then publish an EG 
applicable to the control of the same pollutant from existing 
(designated) facilities. States with designated facilities must then 
develop a State Plan to adopt the EG into their body of regulations. 
States must also include in this State Plan other elements, such as 
inventories, legal authority, and public participation documentation, 
to demonstrate the ability to implement and enforce it.

V. What Does the North Dakota State Plan Contain?

    North Dakota adopted the Federal NSPS and EG by reference into its 
State regulations at NDAC 33-15-12-02. The North Dakota State Plan 
contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d) State Plan;
    2. Incorporation by reference of the model rule (40 CFR 60.2575 
through 60.2875) including tables 1 through 5 into NDAC 33-15-12 as the 
mechanism for implementing the emission guidelines. Section 23-25-10 of 
the North Dakota Century Code gives the North Dakota Department of 
Health the authority to enforce any properly adopted rule.
    3. An inventory of approximately 9 known designated facilities in 
operation, along with estimates of their toxic air emissions and 11 
known designated facilities that are shut down yet still capable of 
operating. The North Dakota Department of Health anticipates that 
nearly all of the active CISWIs will shut down rather than attempt to 
comply with this plan. The air curtain incinerator units operated by 
the City of Fargo and Markwed Excavating, and perhaps a few more units, 
will remain operational. Any units currently shut down are expected to 
remain shut down.
    4. Emission limits that are as protective as the EG;
    5. A compliance date of 3 years after Environmental Protection 
Agency approval of the state plan but not later than December 1, 2005.
    6. Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities;
    7. Records from the public hearing; and,
    8. Provisions for progress reports to EPA.
    The North Dakota State Plan was reviewed for approval with respect 
to the following criteria: 40 CFR 60.23 through 60.26, Subpart B--
Adoption and Submittal of State Plans for Designated Facilities; and, 
40 CFR 60.2500 through 60.2875, Subpart DDDD--Emission Guidelines and 
Compliance Times for Commercial and Industrial Solid Waste Incineration 
Units that Commenced Construction On or Before November 30, 1999.

VI. Is My CISWI Subject to These Regulations?

    The EG for existing CISWIs affect any CISWI built on or before 
November 30, 1999. CISWI unit means any combustion device that combusts 
commercial and industrial waste as

[[Page 54372]]

defined at 40 CFR 60.2875. If your facility meets this criterion and 
does not qualify for exemption under 40 CFR 60.2555 (a)-(o), you are 
subject to these regulations.

VII. What Steps Do I Need To Take?

    You must meet the requirements listed in NDAC 33-15-12-02 Subpart 
DDDD, summarized as follows:
    A. Increments of Progress: If you plan to achieve compliance more 
than one year following the effective date of the State Plan approval, 
you must submit a final control plan by one year after EPA approval of 
the state plan or December 1, 2004, whichever comes first; and you must 
achieve final compliance by three years after EPA approval of the state 
plan or December 1, 2005, whichever comes first.
    B. Waste Management Plan: You must submit a written plan that 
identifies both the feasibility and the methods used to reduce or 
separate certain components of solid waste from the waste stream in 
order to reduce or eliminate toxic emissions from incinerated waste. 
This written plan must be submitted no later than one year after EPA 
approval of the state plan or December 1, 2004, whichever comes first.
    C. Operator Training and Qualification: Your CISWI unit can only be 
operated when a fully trained and qualified CISWI operator is 
accessible. Operator training and qualification must be obtained 
through a State-approved program or by completing the requirements 
included in 40 CFR 60.2635(c). The operator training course must be 
completed by the later of the three follow dates: Three years after EPA 
approval of the state plan or December 1, 2005, whichever comes first; 
six months after CISWI unit startup; or six months after an employee 
assumes responsibility for operating the CISWI unit or assumes 
responsibility for supervising the operation of the CISWI unit.
    D. Emission Limitations and Operating Limits: You must meet the 
emission limitations specified in Table 2 of 40 CFR part 60, subpart 
DDDD, as adopted by the North Dakota Department of Health, on the date 
the initial performance test is required or completed (whichever is 
earlier). In addition, you must meet the operating limits specified in 
40 CFR 60.2675, on the date the initial performance test is required or 
completed (whichever is earlier).
    E. Performance Testing and Initial Compliance Requirements: You 
must conduct an initial performance test as required under 40 CFR 60.8, 
to determine compliance with the emission limitations and to establish 
operating limits using the procedure in 40 CFR 60.2675 or 40 CFR 
60.2680. The initial performance date must be conducted no later than 
180 days after your final compliance date. Specifically, no later than 
three years after EPA approval of the state plan or December 1, 2005, 
whichever comes first.
    F. Continuous Compliance Requirements: You must conduct an annual 
performance test for particulate matter, hydrogen chloride, and opacity 
for each CISWI unit as required under Sec.  60.8 to determine 
compliance with the emission limitations. You must continuously monitor 
the operating parameters specified in Sec.  60.2675 or established 
under Sec.  60.2680. You must only burn the same types of waste used to 
establish operating limits during the performance test.
    G. Monitoring: You must install monitoring equipment as specified 
in Sec.  60.2730. Except for monitoring malfunctions, associated 
repairs, and required quality assurance or quality control activities, 
you must obtain all monitoring data at all times the CISWI unit is 
operating.
    H. Recordkeeping and Reporting: You must maintain the thirteen 
items (as applicable) as specified in Sec.  60.2740(a)-(m) for a period 
of at least five years. All records must be available onsite in either 
paper copy or computer-readable format that can be printed upon 
request. See Table 5 of 40 CFR part 60, subpart DDDD, as adopted by the 
North Dakota Department of Health, for summary of the reporting 
requirements.
    I. Title V Operating Permits: Each CISWI unit must operate pursuant 
to a permit issued under section 129(e) and title V of the CAA by 
December 1, 2003, or the effective date of the title V permit program 
to which your unit is subject if your unit is subject to title V as a 
result of some triggering requirement(s) other than this plan 
(whichever is earlier). For example, your unit may trigger title V 
permitting requirements by virtue of being a major source and be 
required to obtain a title V permit prior to the December 1, 2003 
deadline.
    J. Air Curtain Incinerators: Air curtain incinerators that burn 
only 100 percent wood waste, 100 percent clean lumber, or 100 percent 
of a mixture of only wood waste, clean lumber, and/or yard waste are 
only required to meet the requirements of Sec. Sec.  60.2245 through 
60.2260.

VIII. What Is a Negative Declaration?

    Provisions of sections 111(d) and 129 of the CAA require States to 
either develop plans to control emissions from CISWIs or to report that 
there are no facilities in the State as described in the federal rule. 
EPA does not require States to develop plans or regulations to control 
emissions from sources for which there are none present in the State 
(40 CFR 62.06). If it is thought that this might be the case, the State 
carefully examines its emissions inventory and operating permits before 
initiating the planning and regulation development process. If a 
careful examination of the emissions inventory finds no source for a 
particular source category, then the State prepares and submits to EPA 
a negative declaration stating there are no sources in the State for 
that source category. This is done in lieu of submitting a control 
strategy.

IX. EPA Review of Colorado's, Montana's, South Dakota's, Utah's and 
Wyoming's Negative Declarations

    A. Colorado: On May 6, 2002, the State of Colorado submitted to EPA 
a negative declaration regarding the need for a regulation covering 
CISWIs. The Colorado Department of Public Health and Environment 
evaluated the applicability criteria in the final emission guidelines 
(40 CFR part 60, subpart DDDD) and conducted a review of facilities in 
Colorado in conjunction with the Hazardous Material and Waste 
Management Division, Solid Waste Unit. EPA examined the State's 
negative declaration and agrees there are no unregulated CISWIs in 
Colorado which would require the adoption of rules to control this 
source category.
    B. Montana: On January 28, 2002, the State of Montana submitted to 
EPA a negative declaration regarding the need for a regulation covering 
CISWIs. The Montana Department of Environmental Quality evaluated the 
applicability criteria in the final emission guidelines (40 CFR part 
60, subpart DDDD) and reviewed their inventory of sources in the State. 
EPA examined the State's negative declaration and agrees there are no 
unregulated CISWIs in Montana which would require the adoption of rules 
to control this source category.
    C. South Dakota: On February 28, 2002, the State of South Dakota 
submitted to EPA a negative declaration regarding the need for a 
regulation covering CISWIs. The South Dakota Department of Environment 
and Natural Resources evaluated the applicability criteria in the final 
emission guidelines (40 CFR part 60, subpart DDDD) and reviewed their 
inventory of sources located in the State. EPA examined the State's 
negative declaration and agrees there are no unregulated CISWIs in 
South Dakota which would require the

[[Page 54373]]

adoption of rules to control this source category.
    D. Utah: On April 23, 2002, the State of Utah submitted to EPA a 
negative declaration regarding the need for a regulation covering 
CISWIs. The Utah Department of Environmental Quality (DEQ) evaluated 
the applicability criteria in the final emission guidelines (40 CFR 
part 60, subpart DDDD), searched existing source permitting files, and 
conducted a review of facilities in Utah in conjunction with the 
Division of Solid and Hazardous Waste. In addition, the DEQ examined 
the landfill sources in Utah and found that none are operating CISWI 
units. EPA examined the State's negative declaration and agrees there 
are no unregulated CISWIs in Utah which would require the adoption of 
rules to control this source category.
    E. Wyoming: On December 16, 2002, the State of Wyoming submitted to 
EPA a negative declaration regarding the need for a regulation covering 
CISWIs. The Wyoming Department of Environmental Quality evaluated the 
applicability criteria in the final emission guidelines (40 CFR part 
60, subpart DDDD) and reviewed their inventory of sources located in 
the State. EPA examined the State's negative declaration and agrees 
there are no unregulated CISWIs in Wyoming which would require the 
adoption of rules to control this source category.
    If a new source chooses to locate in Colorado, Montana, North 
Dakota, South Dakota, Utah, or Wyoming, it would be required to comply 
with the New Source Performance Standard (NSPS) published for CISWIs on 
December 1, 2000 (65 FR 75338). If, at a later date, an existing CISWI 
unit is identified in a State for which a negative declaration has been 
made, a Federal Implementation Plan implementing the emission 
guidelines contained in subpart DDDD will automatically apply to that 
CISWI unit until a State plan is approved.

X. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing 111(d)/129 plan submissions, EPA's role is to approve 
state choices, provided that they meet the criteria of the Clean Air 
Act. In this context, in the absence of a prior existing requirement 
for the State to use voluntary consensus standards (VCS), EPA has no 
authority to disapprove a 111(d)/129 plan submission for failure to use 
VCS. It would thus be inconsistent with applicable law for EPA, when it 
reviews a 111(d)/129 plan submission, to use VCS in place of a 111(d)/
129 plan submission that otherwise satisfies the provisions of the 
Clean Air Act. Thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. This rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 17, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: September 2, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.


0
40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671.

Subpart G--Colorado

0
2. Add a new undesignated center heading and Sec.  62.1380 to subpart G 
to read as follows:

[[Page 54374]]

Air Emissions From Existing Commercial and Industrial Solid Waste 
Incinerators


Sec.  62.1380  Identification of Plan--Negative Declaration.

    Letter from the Department of Public Health and Environment 
submitted May 6, 2002 certifying that there are no existing commercial 
and industrial solid waste incinerators in the State of Colorado that 
are subject to part 60, subpart DDDD, of this chapter.

Subpart BB--Montana

0
3. Add a new undesignated center heading and Sec.  62.6630 to subpart 
BB to read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste 
Incinerators


Sec.  62.6630  Identification of Plan--Negative Declaration.

    Letter from the Department of Environmental Quality submitted 
January 28, 2002 certifying that there are no existing commercial and 
industrial solid waste incinerators in the State of Montana that are 
subject to part 60, subpart DDDD, of this chapter.

Subpart JJ--North Dakota.

0
4. Add a new undesignated center heading and Sec.  62.8630, 62.8631, 
and 62.8632 to subpart JJ to read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste 
Incinerators


Sec.  62.8630  Identification of Plan.

    Section 111(d)/129 Plan for Commercial and Industrial Solid Waste 
Incinerators and the associated State regulation in section 33-15-12-02 
of the North Dakota Administrative Code submitted by the State on May 
1, 2003.


Sec.  62.8631  Identification of Sources.

    The plan applies to all existing commercial and industrial solid 
waste incinerators for which construction was commenced on or before 
November 30, 1999, as described in 40 CFR part 60, subpart DDDD.


Sec.  62.8632  Effective Date.

    The effective date of the plan applicable to existing commercial 
and industrial solid waste incinerators is November 17, 2003.

Subpart QQ--South Dakota

0
5. Add a new undesignated center heading and Sec.  62.10380 to subpart 
QQ to read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste 
Incinerators


Sec.  62.10380  Identification of Plan--Negative Declaration.

    Letter from the Department of Environment and Natural Resources 
submitted February 28, 2002 certifying that there are no existing 
commercial and industrial solid waste incinerators in the State of 
South Dakota that are subject to part 60, subpart DDDD, of this 
chapter.

Subpart TT--Utah

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6. Add a new undesignated center heading and Sec.  62.11140 to subpart 
TT to read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste 
Incinerators


Sec.  62.11140  Identification of Plan--Negative Declaration.

    Letter from the Department of Environmental Quality submitted April 
23, 2002 certifying that there are no existing commercial and 
industrial solid waste incinerators in the State of Utah that are 
subject to part 60, subpart DDDD, of this chapter.

Subpart ZZ--Wyoming

    7. Add a new undesignated center heading and Sec.  62.12630 to 
subpart ZZ to read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste 
Incinerators


Sec.  62.12630  Identification of Plan--Negative Declaration

    Letter from the Department of Environmental Quality submitted 
December 16, 2002 certifying that there are no existing commercial and 
industrial solid waste incinerators in the State of Wyoming that are 
subject to part 60, subpart DDDD, of this chapter.

[FR Doc. 03-23749 Filed 9-16-03; 8:45 am]
BILLING CODE 6560-50-P